Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-22
TOWNSHIP PATENTS.
An Old Ruling Of the Interior Depart
ment Revived and Discussed.

mtuG ttVlvcU anu DlSCUSStUs
A gentleman in this city recently received
a clipping from an Eastern paper that he
handed a representative of The MINER with
the remark that, although it had probably
been published before, there were perhaps
many here to whom it would be in the light
OF interesting information, and perhaps
useful to some as tending to settle their
minds upon a vexed question. The vexed
question alluded to is the insecurity Of
titles which affects most of the town lotsin
| the central portion OF the city, and unques-
tionably has had the effect of retarding the
growth of Butte, and has, at any rate, pre-
vented the free development of the
SPIRIT OF BARTER AMI SALE
OF real estate without which that market is
comparatively moribund. As compared
with other Western cities without a tenth
OF the material resources Of Butte, real es.
tate transactions here are barely worth
mention. Take the filings in the Recorders
office and the transfers of va.ua BILE business
or residence property are few and far be-
tween. A lively real estate market is an ill.,
dication Of healthy growth in values, an
appreciation which should be commensu-
rate with the prosperous advancement OF
the city itself. No one can deny the i'm
mense development OF the
GREAT LOCAL INDUSTRY
which constitutes the chief attraction to
this point, without which, indeed, there
never would nave been a townsite estab.
lished. Like that OF other cities fostered
H. 4lo ::,:% &c 1,--a .:--
the growth OF Butte has been of compare
lively few years. The sentiment of per-
manency has not been az firmly estab-
lished as it would have been but for the
unfortunate clouds on real estate titles
which exist in this city. To dissipate this
should be the effort of all, and it is with
the view Of disseminating the spirit Of con.
citation and il. need be, compromise a mong
the conflicting elements of this city that
the republication OF the following item was
suggested:
RULING.
"WAsHlNGToN, Nov. 27.-Secretary La
mar has written a letter to Commissioner
Sparks Of the General Land office thai will
reverse the practice OF that bureau in issu-
ing patents for mining claims. 1t has been
the practice OF the Department. in grantin
patents covering lode mining claims that
interfere with tOwnsite claims to give the
surface improvements and betterments to
the tOwnsite claimants. In the case OF
Deffenback VS. Hawke the Supreme Court
decided hat the fee simple to the ground
was indivisihle, and included the surface as
well as the su~bterranean possessions. On
October 25th Commissioner Sparks ad-
dressed a letter to Secretary Lamar sta
ting the practice of the department, citing
the decision Of the Court, and asking for
instructions. Secretary Lamar replies
that the decision of the Court must be fol
lowed and conveyances made accordingly
IN lode claims, including the surface i'm
provements."
SOME LOCAL La Y
OF eminence in their profession were shown
the clipping, but as strong objection WAS
made to publication of their opinions an
der their names, the substance OF ~hat
they said is condensed briefly and given
anonymously: An attorney who has been
connected with suits that are now pending
on appeal to the Supreme Court
at Washington thought the substance OF
the dispatch contained nothing that was
new to him Though it might have escaped
the observation OF many who are inter-
esred IN the outcome OF the appeal to the
Supreme Court.
1T MERELY SHOWS
the Interior Department has conformed
the law OF the country on the subject.
The law, which WAS passed about twenty
ears ago, expressly states that a townsite
patent cannot be granted on mineral
round. The Smokehouse lode was located
before the townsite was laid out, although
lnat would make no difference. The min
'iai patent takes precedence of the town.
'ite patent, as this is all mineral ground
AS TO whether parties who have received
,o~nslte patents in good faith which the
department. Issued illegally have any re-
curse on the Government, there NAV he
In equitable remedy but there ia
NO LEGAL REMEDY.
"A gentleman who has had great exper;-
nee In suits for the settlement of d;snntod
inning claims in other States thougbt tho
'lspatch a garbled statement. In his on;n.
III wnen the government invests a ~paten.
&c WIN title to a claim, whether q to-
lite lot, a mineral claim or an aor;c,Hn.
VI. II grants a vested right in fee that can
,oI De covered by any SUBSEQUENT orsnt
10 inning title, as such, was ever ora ntaJ
' the government. A patent is a ti,lo
nv
s and out. The Government laid ont
- 20 low *h nslte here and sold the lots. That
the buyers title to everything m !
ae surface and underground. TN
referred to in tire Clip {
" as well known and
ALMOST AS OLD I
y 'he College case. A~notho, 9
l"ser VINO has been interested in matters T
'nnected with one of the lead. tb., - i
a's'ns confusion among surface occunis,s {
1.u 1haG There we're two sections of 4,a e
h;eb he az o'atutes that conficted and uod, = :
u,en the departnen formerly ruled thar y
Nv. ,Tnslte lot patents and patents to m; a' 3
al lands had equal standinz: tbo+ MN. n
'rfaee patent ls irrevocabie az to tho +
ming t amu ta a p n T., to- a mineral lot adj
" the lead under the towns;+ 20 iol. !,
, uerever IT. e But the decisions Of t tbs y
Montana no hs'd that Gi the b United states and md f +
nc 40 wa was from the surface down. AMI %, thar II
tne department had cbanosd ~ 'oere- il